In addition to uses specifically prohibited by this chapter and the schedule referred to herein, no building, structure or land shall be used nor shall any building, structure or part thereof be constructed or altered nor shall any use of land be changed, where said use, construction or alteration of land, structure or building is intended, arranged or designed to be used in whole or in part for any use or purpose except the uses specifically allowed by right or special permit for each district in the Schedule of District Regulations.
[Amended 9-20-2023 by Ord. No. 8/23]
The omission of any use or type of use from the said schedule shall be deemed to be an exclusion thereof from all districts. Smoke shops and vape shops are expressly prohibited as uses in all zone districts within the Town.
The following notes which are referred to in the Schedule of District Regulations are a part thereof and are hereby adopted as part of the Schedule of District Regulations:
A. 
Note 1: Garden apartment and elevator apartment developments shall be permitted, subject to site plan approval by the Planning Board, provided that:
(1) 
There shall be a minimum site of 20,000 square feet for each garden apartment development and a minimum site of 40,000 square feet for each elevator apartment development.
(2) 
The number of dwelling units per net residential acre or fraction thereof shall not exceed 20 in two-story garden apartment developments and shall not exceed 80 in elevator apartment developments for family units and 120 units for elderly housing in elevator buildings.
(3) 
No garden apartment building shall exceed a height of two stories or 35 feet and no elevator apartment building shall exceed a height of 12 stories or 135 feet.
(4) 
The maximum percentage of any lot that may be covered by all buildings shall not exceed 35% in garden apartment developments and shall not exceed 55% in elevator apartment developments. Where the required off-street parking facilities are contained in the apartment structure, lot coverage shall not exceed 75% of the lot.
(5) 
There shall be provided front and rear yards of at least 15 feet and two side yards each of at least 10 feet for buildings having a height of up to six stories; and for each additional story over six, there shall be provided an additional one foot of width to the required ten-foot-wide minimum side yard. Surface parking facilities, as permitted in this chapter, may be located within the required yards, provided that such parking does not extend within three feet of any property line.
(6) 
Inner courts shall be prohibited.
(7) 
All open areas other than those used for parking, loading, active or passive recreational purposes and pedestrian and vehicular circulation shall be graded, planted, landscaped and properly maintained at all times.
(8) 
On-site parking spaces as defined in this chapter shall be provided at a ratio of one space for each one-bedroom unit, 1.5 spaces for each two-bedroom unit and two spaces for each three-bedroom unit. In the case of housing units designed expressly for occupancy by the elderly, on-site parking facilities shall be provided at the ratio of one parking space for each three dwelling units. All rooms that can be readily converted to a bedroom shall be considered as such for purposes of calculating required parking spaces.
[Amended 4-15-1987 by Ord. No. 1771]
(9) 
In the case of elevator apartment developments, the floor area ratio shall not exceed three to one (See Subsection H, Note 8, for an explanation of FAR, floor area ratio.)
B. 
Note 2: Public and private schools and other institutions of higher learning shall be permitted, subject to site plan approval by the Planning Board, provided that:
(1) 
Said school or institution shall be qualified as a nonprofit organization within the meaning of the Internal Revenue Act and registered effectively as such thereunder and under the New Jersey Statutes Annotated and otherwise approved by the Department of Institutions and Agencies of the State of New Jersey or its successors, pursuant to the statutes, rules and regulations of the State of New Jersey.
(2) 
Such school shall have as its prime purpose the general education of students in the arts and sciences and shall be licensed by the State Department of Education if a license for its operation is required by law.
(3) 
No school permitted hereunder shall be a trade school except to the extent that instruction in a particular trade or trades may be a part of the general education curriculum of the school in the arts and sciences. No correctional, health or any other institution not primarily concerned with the general education of students in the arts and sciences shall be permitted.
C. 
Note 3.
[Amended 5-19-2010 by Ord. No. 9/10]
(1) 
Note 3(A). Existing neighborhood-type commercial establishments shall be permitted in the R-M District as a principle use, provided that:
(a) 
Such commercial establishments existed at the time of the passage of this chapter.
(b) 
Such retail stores, service, eating and drinking, commercial entertainment and minor repair establishments or other existing commercial uses are of a neighborhood type, i.e., daily needs establishments intended to serve the residents of a neighborhood, and are compatible with the residential uses and character of the neighborhood in which they are located.
(2) 
Note 3(B). A change of use from an existing or former neighborhood-type commercial establishment which establishment conformed to the provisions of Subsection C(1)(a) above to another neighborhood-type commercial establishment shall be permitted, provided that such retail stores, service, eating and drinking, commercial entertainment, and minor repair establishments are of a neighborhood type, i.e., daily needs establishments intended to serve the residents of a neighborhood, and are compatible with residential uses and the character of the neighborhood in which they are located.
D. 
Note 4: Customary home occupations shall be permitted as an accessory use, provided that:
(1) 
The home occupation is carried on entirely within the principal structure only by the inhabitants thereof, who shall not exceed two persons.
(2) 
The home occupation is incidental and secondary to the residential use of the structure and does not use more than 30% of the total floor area of the dwelling unit in which it is contained.
(3) 
No special mechanical equipment shall be used for the home occupations other than the equipment customarily found in a dwelling unit.
(4) 
No display of goods or signs identifying such occupation shall be permitted.
(5) 
Said home occupation will not generate truck delivery or pickup activities as a general part of the operation.
E. 
Note 5: Professional offices shall be permitted, provided that:
(1) 
Said office is for the practice of a professional in the field of medicine, dentistry, architecture, engineering, law, accounting or similar occupations requiring licensing or for an artist, musician, instructor in arts and crafts or similar professional.
(2) 
Said accessory office use shall not exceed 50% of the total floor area of the residence in which it is located.
(3) 
There shall be not more than one identification sign for each such professional office and said sign shall be limited in area to one square foot.
F. 
Note 6: Row or townhouses shall be permitted, provided that:
(1) 
The minimum lot area shall be 1,500 square feet for each dwelling unit in a row house development.
(2) 
The minimum lot width shall be 15 feet.
(3) 
The maximum coverage of the lot by buildings shall not exceed 60%.
(4) 
A setback of at least 10 feet shall be provided, except where a garage is part of the principal structure. In that case the garage frontage of the structure shall be set back at least seven feet from the street line, and upper stories of the structure may project within the same seven-foot setback area applicable to the garage.
(5) 
A rear yard of at least 20 feet shall be provided. If the garage is at the rear, there shall be a rear yard of at least five feet.
(6) 
Two side yards shall be provided for the entire site of the development, with an aggregate of at least 12 feet for both, and one of which shall be at least nine feet wide.
(7) 
There shall not be more than 10 nor less than five houses per row.
(8) 
In the event of more than one group of row houses on a site, there shall be a distance of at least 30 feet between groups.
(9) 
The height of the principal building shall not exceed 31/2 stories or 40 feet, and an accessory garage building shall not exceed a height of one story or 15 feet.
G. 
Note 7: Private membership clubs, including social and indoor recreational meeting halls for fraternal, social and service organizations, shall be permitted, provided that:
(1) 
Such clubs shall not be used for an activity commonly conducted as a business and the use thereof shall be limited to members or their guests.
(2) 
The lot operated for club purposes shall have an area sufficient to offer adequate protection to all adjoining and neighboring properties.
(3) 
On-site parking facilities, as defined in this chapter, shall be provided at the rate of one space for each full-time employee plus one for each eight members.
(4) 
At least one paved on-site loading space, as defined in this chapter, shall be provided for each establishment that requires deliveries for a restaurant part of the operation.
(5) 
No part of the site which is used for outdoor sports activity shall be closer than 50 feet to the nearest residential property line. Where such part of the lot is used for active sports, it shall be screened by a thick hedge, fence or wall having a height of not less than 41/2 feet.
H. 
Note 8, explaining the floor area ratio (FAR) requirement and the bonus system.
(1) 
As used elsewhere in this chapter, the term "floor area ratio" (also designated as FAR) describes a control of a building's bulk in relation to the size of the lot on which it is located. "Floor area ratio" is defined as the total gross floor area of a building on a lot, divided by the area of that lot. For example, a floor area ratio of three to one means that for each square foot of lot area, a structure containing three square feet of building area could be constructed, or a structure could have an aggregate floor area three times larger than the area of its lot (other accompanying controls in that district being applicable).
(2) 
In high land value sections of a municipality where vacant land is scarce, the floor area ratio principle can enable that municipality to control the intensity of development without imposing an inflexible system of controls of the dimensions of yards, the height of a building or the percentage of lot coverage, while enabling a developer to draw on a variety of design alternatives for his site and building plans. In addition, this floor area ratio control is supplemented by a system of bonuses in the form of permission to add additional floor area to a structure beyond the established ratio, in direct proportion to the provision of additional open space and site and/or building features which would enhance that use of land. When the bonus floor area amounts to be provided are added to the floor area ratio, that aggregate shall constitute the maximum intensity of building development.
(3) 
Bonuses in additional floor area beyond the maximum permitted in the Schedule of District Regulations shall be granted to achieve the following objectives:
(a) 
For light and air.
[1] 
For the provision of a wider side yard setback of a building in excess of the minimum requirement, beginning at a height of 30 feet above the street and extending upward the full height of the building and running the full depth of the lot, the bonus floor area shall be in direct proportion to the area of that additional side yard space in excess of the minimum which is shown as open space to be provided, multiplied by the number of stories.
[2] 
For the provision of low coverage by the upper stories of a building (an alternative to a side yard setback) where all upper floors of a structure, above a height of 60 feet, are set back at least 20% of the lot's width and/or depth, the bonus floor area shall be in direct proportion to the area of the additional open space to be provided, multiplied by the number of stories.
(b) 
For pedestrian circulation.
[1] 
For the provision of a plaza or arcade (at least 30 feet wide) or additional sidewalk width (of at least five feet), the bonus floor area shall be in direct proportion to the area of the additional open space to be provided, multiplied by the number of stories.
[2] 
For the provision of a passageway, plaza or a pedestrian walk (at least 20 feet wide) through a block to connect one public street with another, the bonus floor area shall be in direct proportion to the additional open space to be provided, multiplied by the number of stories.
I. 
Note 9: In an R-H District, garden and elevator apartment development shall be permitted subject to site plan approval by the Planning Board and according to the provisions contained in Subsection A, Note 1, except that the maximum residential density permitted in elevator apartment developments shall not exceed 110 units per net residential acre for family units and 150 units per net residential acre for housing units for the elderly.
J. 
Note 10: Parking garages and parking lots shall be permitted, provided that:
(1) 
Such garages or parking lots are not closer than 50 feet to any residential district or not closer than 150 feet to a school, playground, public library or other public building attended by elementary school children.
(2) 
Such buildings shall be compatible in height, bulk and appearance with the adjoining residences and other buildings.
(3) 
No sale of automobiles, repair, fueling or other services of any kind shall take place as a commercial enterprise on the premises.
(4) 
No vehicles shall be parked closer to the street line than prevailing front yard setback requirements of the zone.
(5) 
A thick hedge, fence or wall with a height of not less than four feet shall be located along the side and rear property lines of such parking lot use which abuts a residential district.
(6) 
Not more than one identifying sign shall be used and it shall be limited in area to two square feet.
(7) 
Points of access or egress to the site shall be limited to not more than two for each 100 feet or major fraction thereof of lot frontage and each such driveway shall have a minimum width of 24 feet if intended for two-way vehicular movement and 12 feet if intended for one-way movement.
(8) 
All parking lots shall be lighted after sunset throughout the hours when they will be used by the public. Such lighting shall not exceed an intensity of five footcandles nor shall such lighting be less than 1.5 footcandles at pavement level. Such lighting shall be hooded or shielded to reflect the light away from abutting or neighboring residential property.
K. 
Note 11: Gas stations shall be permitted by special exception permit (a conditional use permit) approved by the Zoning Board of Adjustment or Planning Board [depending upon the need for variances and according to N.J.S.A. 40:55D-67 and 40:66D-76 (Chapter 291 of the Laws of New Jersey 1975)], provided that:
(1) 
No major repair work shall be performed in the open and all automobile parts and products for sale shall be stored within a building. Gasoline or oil sales, changing of tires and other similar minor servicing shall not be considered major repair work.
(2) 
No gasoline pump shall be located closer than 15 feet to the street line.
(3) 
All gasoline and similar substances shall be stored underground and shall be located at least 25 feet from any property line other than a street line.
(4) 
No gasoline filling station or outdoor pumps shall be located within 1,000 feet, measured along or across any street or streets, of a service station or outdoor gasoline pumps serving the general public or similar establishments then in existence or for which a building permit shall have been issued.
(5) 
No gasoline filling stations or outdoor pumps shall be located within a two-hundred-foot radius of a school, church or playground.
(6) 
Only one freestanding sign shall be permitted. Such freestanding sign shall not exceed a height of 30 feet and an area of 40 square feet.
L. 
Note 12: Auto repair garages shall be permitted by special exception permit (a conditional use permit) approved by the Zoning Board of Adjustment or Planning Board [depending upon the need for variances and according to N.J.S.A. 40:55D-67 and 40:55D-76 (Chapter 291 of the Laws of New Jersey 1975)], provided that:
(1) 
No major repair work, including the painting of auto bodies, shall be performed in the open.
(2) 
No noise, dust, fumes, odors or other pollutant of the environment shall be disseminated beyond the building where such use is conducted.
(3) 
No storage of vehicles shall be permitted on the lot, except those vehicles being stored until repair work is undertaken or after completion of the work until they are claimed by their owners.
(4) 
Any accessory gasoline pumps used for retail sales purposes shall be subject to all of the requirements for gasoline stations as required by this chapter.
M. 
Note 13: Manufacturing, converting, altering, finishing, assembling or other handling, storage or distribution of materials or products shall be permitted, provided that:
(1) 
Such industrial activities are of a light-impact nature and will not exert any deleterious impacts on the environment and shall be subject to an environmental impact study prepared by a recognized and qualified specialist selected by the Town of West New York and at the expense of the applicant if such study will be deemed necessary by the Town of West New York.
(2) 
Such industrial use shall not constitute a fire, explosion or other hazard; nor shall water, air or noise pollution result from the operation thereof. No noise, smoke, gas, dust, fumes, odor or atmospheric pollutant or radiation shall be disseminated beyond the building in which such use is conducted.
(3) 
Such industrial use, including any storage of materials or equipment, shall be conducted within a fully enclosed building.
N. 
Note 14: All applications for development of 10 or more new multifamily residential units must comply with guidelines of the Town of West New York for the provision of affordable housing in accordance with the provision of the Council on Affordable Housing.
[Added 6-21-1989 by Ord. No. 1849]
O. 
Note 15: Minimum frontage for all uses: For all uses in the C-R, Retail and Service Commercial District, a minimum frontage of 25 feet is required. Only one permitted use per floor shall be allowed within this required frontage. Additional street frontage of at least 25 feet shall be required for each additional permitted use.
[Added 7-2-1997 by Ord. No. 17/97]
P. 
Note 16: Fences and walls may be erected anywhere on a lot, subject to the following provisions:
[Added 7-21-1999 by Ord. No. 11/99; amended 4-21-2016 by Ord. No. 4/16]
(1) 
No fence may be erected in a residential, commercial or mixed-use building front yard. For corner lots, the front yard shall be that yard which faces the primary entrance to the residence or commercial or mixed-use building. In the side and rear yards of residential, commercial and mixed-use properties, a fence may be erected to a maximum height of six feet.
(2) 
Except where specifically prohibited under the terms of this or any other applicable chapter or regulations of the Town, nothing herein shall be construed to prohibit the uses of the hedges, trees or other planting anywhere on the lot.
(3) 
A zoning permit shall be required for the construction of any fence six feet or less. The fee for this permit is $75, and the penalty for failing to obtain this permit shall be a minimum of $50.
(4) 
A building permit is required for the construction of any fence over six feet.
(5) 
An application to construct a fence must be obtained from the Building Department. This application must be submitted to the Building Department, with a current survey of the property, and show the proposed location of the fence. A copy of the license of the contractor who will be installing the fence shall also be submitted. The survey of the property shall be no more than 10 years old.
Q. 
Note 17: Infill Development District.
[Added 5-12-2008 by Ord. No. 7/08[1]]
(1) 
Lot dimensions. There shall be frontage on any two streets bordering the property with a minimum dimension on each street frontage of 100 feet.
(2) 
Yards and setbacks. Setbacks of buildings for all yards, front, rear and side, shall be a minimum 10 feet at the ground level through the top of the third floor level, and shall be a minimum of 15 feet above that level.
(3) 
Height. The height of all structures shall be limited by the permitted density of development, setbacks and floor area ratio provisions.
(4) 
Density and floor area ratios. The maximum density of residential development shall be 140 residential dwelling units per acre. The maximum commercial or retail development shall be 5% of the residential floor area, and it shall be limited to the first, second and basement levels. The overall floor area ratio of all development shall be limited to a ratio of 5 to 1, except that development may exceed 5 to 1 up to a limit of 7 to 1 where half of the floor area above 5 to 1 is utilized for the provision of affordable housing to include workforce housing.
(5) 
Lot coverage. Lot coverage by principal buildings shall not exceed 55%. The building coverage may be increased to 90% if parking is located within the building. The total impervious surface coverage shall not exceed 90% in any case.
(6) 
Parking. Parking shall be subject to the parking requirements contained in Chapter 414, § 414-25, of the Code of the Town of West New York, but the areas devoted to parking shall not be considered in the calculation of any floor area ratio.
[1]
Editor's Note: This ordinance also provided that the Infill Development District shall apply only to Block 29 of the Official Tax Map of the Town of West New York.
R. 
Note 18: Sheds may be erected, subject to the following provisions:
[Added 4-21-2016 by Ord. No. 4/16]
(1) 
All sheds 100 square feet or less shall require the issuance of a zoning permit.
(2) 
No shed shall be installed that is higher than 12 feet as measured from grade level. A shed shall not be installed within three feet of a rear or side property line or within 10 feet of another structure.
(3) 
No shed shall be installed in the front yard or side yard leading to the rear yard.
(4) 
An application for the installation of the shed shall be obtained from the Building Department. The application must be submitted with a current survey of the property and show the location of the proposed shed. A current survey shall be no more than 10 years old. A copy of the license of the contractor who is installing the shed shall be submitted with the application.
(5) 
The permit fee for the shed shall be $75, and the penalty for failing to obtain this permit shall be a minimum of $50.